Heard Mr.Dinesh Kumar Misra, learned counsel for the petitioners and Mr.S.P.Singh, learned counsel for opposite party No.5 as well as learned Standing Counsel.
The petitioners are aggrieved with the orders dated 1,12.2009, 7.10.2002 and 22.7.1989, passed by the opposite party Nos.1, 2 and 3.
By means of order dated 1st of December, 2009, passed by the Board of Revenue the petitioners' revision under Section 219 of the Land Revenue Act has been dismissed on the ground that this revision has been preferred against the order passed in revision itself, therefore, it is second revision, being so the same is not maintainable.
So far as the orders passed by the other authorities of the court below are concerned, upon perusal of record I find that under the proceeding under Section 33/39 of the Land Revenue Act in the record some fictitious entries were found have been made by one Shiv Raj Singh with ulterior motive. Be as it may, ultimately it was corrected by the Sub Divisional Officer, Bilgram, district Harodi by means of order dated 22nd of July, 1989, against which the petitioners preferred a revision before the Additional Commissioner (Judicial), Lucknow Division, Lucknow, which has also been rejected. It is a settled view of this court as well as the Hon'ble Supreme Court that against the order passed in the summary proceeding the writ petition is not maintainable. The parties may choose to file a regular suit for establishing their title because the purpose of entry made in the revenue record is just for determination of the fiscal matter, which does not determine the title between the parties.
Indisputedly the proceeding held under Section 33/39 of the Land Revenue Act is a summary proceeding, therefore, I am of the view that against the orders passed by the Sub Divisional Officer as well as the Additional Commissioner neither the revision was maintainable before the Board of Revenue nor the writ petition is maintainable before this court. Therefore, I hereby dismiss the writ petition.
Order Date:28.1.2010 Banswar